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Bensenville is a village in DuPage County, Illinois, situated just west of O'Hare International Airport with a population of approximately 18,000 residents. The community includes a significant renter population drawn by proximity to major employers, transportation corridors, and relatively affordable housing compared to closer Chicago suburbs. Renters in Bensenville most commonly seek information about security deposit return timelines, landlord repair obligations, and what protections exist against sudden rent increases or eviction.
Illinois state law governs virtually all landlord-tenant matters in Bensenville. The village has not enacted any local rent control or additional tenant protection ordinances — and could not do so in any case, because Illinois state law expressly preempts local rent control measures statewide. State statutes covering security deposits, habitability, eviction procedures, and anti-retaliation apply uniformly to Bensenville tenants.
This page summarizes your key rights as a renter in Bensenville based on Illinois law as of April 2026. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary — consult a qualified attorney or contact a legal aid organization if you face a specific legal problem.
Bensenville has no rent control, and Illinois law prevents the village from ever enacting it. Under 765 ILCS 720 — the Rent Control Preemption Act — the State of Illinois prohibits any unit of local government, including municipalities and counties, from enacting, maintaining, or enforcing any ordinance that controls the amount of rent charged for leasing private residential property. This preemption applies statewide, including to DuPage County and all municipalities within it.
In practical terms, this means your landlord in Bensenville may raise your rent by any amount, at any time, as long as proper notice is given before the increase takes effect. For month-to-month tenants, at least 30 days written notice is required before a rent increase becomes enforceable. For fixed-term leases, rent cannot be increased until the lease term ends, unless the lease expressly allows mid-term increases. Once your lease expires, there is no statutory cap on how much your landlord may raise the rent.
While Chicago and Evanston have sometimes explored creative tenant protection frameworks, those efforts remain constrained by the same preemption statute that applies to Bensenville. Renters concerned about unaffordable rent increases have no local rent stabilization remedy and should budget carefully before signing or renewing a lease.
Illinois provides several baseline protections for all renters, including those in Bensenville, through state statutes and common law.
Security Deposits (765 ILCS 710 & 765 ILCS 711): Under the Illinois Security Deposit Return Act (765 ILCS 710), landlords must return a tenant's security deposit within 30 days after the tenant vacates the unit, along with an itemized statement of any deductions for damages beyond normal wear and tear. If a landlord wrongfully withholds all or part of the deposit, the tenant may sue and recover twice the amount wrongfully withheld, plus court costs and attorney's fees. The Security Deposit Interest Act (765 ILCS 711) requires landlords who manage 25 or more units and hold a deposit for more than six months to pay interest on that deposit.
Habitability: Illinois common law imposes an implied warranty of habitability on residential leases, requiring landlords to maintain rental units in a condition fit for human habitation. This includes providing adequate heat, functioning plumbing, structural integrity, and freedom from serious pest infestations or environmental hazards. If a landlord fails to maintain habitable conditions after receiving written notice and a reasonable time to repair, tenants may have remedies including rent withholding or repair-and-deduct — though these remedies carry legal risk and should be pursued carefully.
Notice to Terminate Tenancy (735 ILCS 5/9-207): For month-to-month tenancies, either party must give at least 30 days written notice before the end of a rental period to terminate the tenancy. For tenancies of a week-to-week nature, seven days notice is required. Notice must generally be in writing and served on the other party.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who report code violations, complain to a government agency, or exercise any legal right. Retaliation can include eviction, rent increases, or reduction of services. If a landlord takes adverse action within one year of a protected activity, a court may presume the action was retaliatory. Tenants may sue for damages, attorney's fees, and injunctive relief.
Lockout and Utility Shutoff Prohibition (735 ILCS 5/9-101 et seq.): Self-help eviction is illegal in Illinois. A landlord may not remove a tenant's belongings, change the locks, or shut off utilities to force a tenant out without a court order. Only a court-supervised process leading to an eviction judgment and enforcement by a sheriff can lawfully remove a tenant from a rental unit.
Illinois law sets clear rules for how landlords in Bensenville must handle security deposits, though it does not cap the amount a landlord may charge.
No Statutory Cap: Illinois law does not limit the amount a landlord may require as a security deposit. Landlords in Bensenville may charge any amount they choose, which is typically one to two months' rent in practice.
Return Deadline — 30 Days (765 ILCS 710/1): Under the Illinois Security Deposit Return Act, your landlord must return your security deposit within 30 days after you vacate the unit. If the landlord intends to make deductions for damages, they must provide you with an itemized written statement of those deductions, along with receipts for any repair costs, within the same 30-day period.
Penalty for Wrongful Withholding (765 ILCS 710/1): If your landlord fails to return your deposit or provide the required itemized statement within 30 days, you are entitled to recover twice the amount of the security deposit wrongfully withheld, plus court costs. This penalty applies regardless of whether actual damages existed.
Normal Wear and Tear: Landlords may only deduct from your deposit for damages beyond normal wear and tear — meaning damage caused by the tenant's negligence or misuse, not ordinary aging or use of the property. Faded paint, minor carpet wear, and small scuffs typically constitute normal wear and tear.
Interest on Deposits (765 ILCS 711/1): If your landlord owns or manages 25 or more residential units in the same building or complex and holds your deposit for more than six months, they must pay you interest on the deposit, calculated at the rate set by the Illinois Commissioner of Banks and Real Estate. Failure to pay interest entitles the tenant to recover the interest owed, plus court costs.
In Bensenville, a landlord must follow a court-supervised process to evict a tenant. Illinois law does not allow self-help eviction under any circumstances.
Step 1 — Written Notice (735 ILCS 5/9-207 & 5/9-209): Before filing for eviction, a landlord must serve the tenant with a written notice. The type and duration of notice depends on the reason for eviction. For nonpayment of rent, a landlord must serve a 5-Day Notice to Pay or Quit, giving the tenant five days to pay the overdue rent before the landlord can file suit. For lease violations other than nonpayment, a 10-Day Notice to Cure or Quit is required. For termination of a month-to-month tenancy without cause, a 30-Day Notice to Vacate is required.
Step 2 — Filing an Eviction Complaint: If the tenant does not comply with the notice, the landlord may file an eviction complaint (formerly called a Forcible Entry and Detainer action) in the DuPage County Circuit Court. The tenant will be served with a summons and given a court date, typically within a few weeks of filing.
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to present defenses, including that the landlord failed to maintain habitable conditions, that proper notice was not served, or that the eviction is retaliatory under 765 ILCS 720/1. If the landlord prevails, the court enters a judgment for possession.
Step 4 — Order of Possession and Enforcement: After a judgment for possession is entered, the court issues an Order of Possession. Only a DuPage County Sheriff's deputy may carry out the physical removal of a tenant from the unit. The landlord may not personally remove the tenant, their belongings, or take any self-help measures.
Self-Help Eviction is Illegal (735 ILCS 5/9-101 et seq.): It is unlawful for a landlord to change locks, remove doors or windows, shut off utilities, or remove a tenant's personal property in an attempt to force the tenant out. Tenants subjected to self-help eviction may seek emergency injunctive relief from a court and may be entitled to damages.
No Just Cause Requirement: Bensenville does not require landlords to have a specific reason (just cause) to decline to renew a lease or to terminate a month-to-month tenancy with proper notice. After proper notice and the expiration of a lease term, a landlord may proceed with eviction without stating a reason.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on your specific facts and circumstances. If you are facing eviction, a security deposit dispute, or any other landlord-tenant legal matter, you should consult a licensed Illinois attorney or contact a qualified legal aid organization. RentCheckMe makes no representations or warranties about the accuracy, completeness, or current applicability of any information presented here.
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